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WILLIAM PACA, Esq; Governor.
draught only, except stones, bricks, lime, loam, sand, gravel, iron,
lead, cordwood,
coal, scantling, timber and boards, provided such matters and things do
not exceed in any one load half a tun weight, on or through any of the
paved
parts of the said town, and with any greater number of beasts of draught
within
or through any other parts of the said town not paved, although the felloes
of
the wheels of said waggon, wain or cart, be not of the dimensions aforesaid,
any
thing in this act to the contrary notwithstanding. |
1782.
CHAP.
XVII. |
XXXVI. And be
it enacted, That no dray or other carriage, used for transportation
of merchandise from one part of the town to the other, by any porter
or drayman, shall travel or be drawn on the paved parts of the said town,
unless
the felloes of the wheels of such dray or other carriage shall be of the
breadth or
gauge above directed, under the penalty of five pounds, to be paid by the
owner
of such dray or other carriage, and to be recovered as debts not exceeding
five
pounds, one moiety thereof to the person who shall sue for the same, the
other
for paving or repairing the streets; provided always, that this act is
not meant
to extend to carriages now in use. |
Drays, &c.
not to pass
with narrow
wheels,
&c. |
XXXVII. And
be it enacted, That every waggoner, carter or drayman, employed
to haul wood for the inhabitants of said town, shall have in his said waggon
or cart, of his own property, a sufficient number of hewn standards, for
preventing the wood from falling off, marked with the original letters
of his christian
and surnames on the outer side of the said standards, under the penalty
of
five shillings; and that if any waggoner, carter or drayman, shall take
and appropriate
any wood belonging to any of the inhabitants aforesaid which he shall
be hired to haul, or shall not deliver it to the true owner or purchaser
thereof,
every such person so offending shall forfeit and pay two shillings for
every stick or
piece of wood so appropriated or detained from the owner or purchaser
thereof,
being first legally convicted of the said offence before any justice of
the peace. |
Carters of
wood to have
marked standards,
&c. |
XXXVIII. Provided,
That if any person shall conceive himself or herself
aggrieved by any judgment given by virtue of this act, if the same shall
exceed
the sum of forty shillings, or the value thereof, it shall and may be lawful,
within
the space of six days next after judgment, but not after, to appeal therefrom
to the next county court to be held for said county, he, she or they, first
entering
into recognizance, with one sufficient security, in such sum as shall be
sufficient
to answer the said penalty or value of the things forfeited, together with
all
costs as shall be awarded, to prosecute the said appeal to effect, and
to abide the
order and judgment of the said court, which said court is hereby authorised
to receive
the said appeal, and to proceed therein according to usage and practice
in
cases of appeals. |
Proviso. |
XXXIX. Provided
also, That if any person or persons be sued or prosecuted
for any thing done in pursuance of this act, he, she or they, may plead
the general
issue, and give this act and the special matter in evidence for their justification;
and if the plaintiff or prosecutor become nonsuit, or suffer a discontinuance,
or if a verdict pass against him, the defendant shall have treble costs,
to be
recovered as in cases where costs by law are given to defendants. |
Proviso. |
XL. And,
whereas the laws to prevent the going at large of hogs in the streets,
lanes and alleys, of said town, are found insufficient, and as great injury
arises to
the streets from said animals going at large, Therefore, Be
it enacted, That the
special commissioners appoint a proper person or persons to seize all the
hogs
found at large in the said streets, lanes or alleys, and sell the same,
for the use of
paving and repairing the said streets, paying to the persons so seizing
said hogs a
reasonable reward. |
Persons to be
appointed to
seize hogs,
&c. |
XLI. And,
in order to perpetuate the said special commissioners for the abovementioned
purposes, Be it enacted, That it shall
be lawful for the inhabitants of
the town of Baltimore, qualified to vote for delegates, or having real
property in
said town above thirty pounds, on the first Monday in October, in the year
of |
Special commissioners
to
be elected,
&c. |
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